| Court: | ilnd |
| Docket #: | 1:13-cv-03748 |
| Case Name: | Mitchell v. Miller |
| PACER case #: | 283720 |
| Date filed: | 2013-05-20 |
| Assigned to: | Honorable Joan B. Gottschall |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 555 Civil Rights (Prison Condition) |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Jolly Jay Mitchell Plaintiff |
Peter A. Cantwell John William Kalich Thomas John Nitschke |
| Phillip Miller Defendant Officer Badge No. 506 |
Joseph F Lulves Deborah Ann Lang Lindsay Ann Hatzis |
| Service List Defendant |
Prisoner Correspondence - Internal Use Only |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-05-20 | 1 | 0 | CIVIL Cover Sheet. (kj, ) (Entered: 05/21/2013) | |||
| 2013-05-20 | 2 | 0 | RECEIVED Complaint and no copies by Jolly Jay Mitchell. (Envelope Postmarked, institutional mail room 5/13/2013.) (kj, ) Modified on 5/21/2013 . (Entered: 05/21/2013) | |||
| 2013-05-28 | 3 | 0 | MINUTE entry before Honorable Joan B. Gottschall: Plaintiff is granted thirty days in which either to file an in forma pauperis application on the enclosed form with the information required by 28 U.S.C.ยง 1915(a)(2) or pay the full $400 filing fee. The Clerk is directed to send Plaintiff an i.f.p. application along with a copy of this order. Failure of Plaintiff to comply within thirty days of the date of this order will result in summary dismissal of this case. Plaintiff is advised that he must provide the Court with the original plus a judge's copy of every document filed. [For further details see minute order.] Mailed notice (tg, ) (Entered: 05/29/2013) | |||
| 2013-06-10 | 4 | 0 | APPLICATION by Plaintiff Jolly Jay Mitchell for leave to proceed in forma pauperis. (Exhibits) (kj, ) (Entered: 06/14/2013) | |||
| 2013-06-24 | 5 | 0 | MINUTE entry before Honorable Joan B. Gottschall: Plaintiff's motion for leave to proceed in forma pauperis [# 4 ] is granted. The Court authorizes and orders Vandalia Correctional Center officials to deduct $13.04 from Plaintiff's account, and to continue making monthly deductions in accordance with this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts at Vandalia Correctional Center. The Clerk is directed to issue summons for Defendant Kane County Sheriff's Deputy Miller, and the U.S. Marshals Service is ordered to serve him. The Clerk is also directed to send Plaintiff a magistrate judge consent form and filing instructions along with a copy of this order. Mailed notice. [For further details see minute order.] (kj, ) (Entered: 06/25/2013) | |||
| 2013-06-24 | 6 | 0 | COMPLAINT filed by Jolly Jay Mitchell; Jury Demand. (kj, ) (Entered: 06/25/2013) | |||
| 2013-07-31 | 7 | 0 | ATTORNEY Appearance for Defendant Miller by Joseph F Lulves (Attachments: # 1 Notice of Filing)(Lulves, Joseph) (Entered: 07/31/2013) | |||
| 2013-07-31 | 8 | 0 | ATTORNEY Appearance for Defendant Miller by Lindsay Ann Hatzis (Attachments: # 1 Notice of Filing Notice of Filing Appearance)(Hatzis, Lindsay) (Entered: 07/31/2013) | |||
| 2013-08-05 | 9 | 0 | ATTORNEY Appearance for Defendant Miller by Deborah Ann Lang (Attachments: # 1 Notice of Filing)(Lang, Deborah) (Entered: 08/05/2013) | |||
| 2013-08-06 | 10 | 0 | ATTORNEY Appearance for Defendant Miller by Deborah Ann Lang (Lang, Deborah) (Entered: 08/06/2013) | |||
| 2013-08-06 | 11 | 0 | ATTORNEY Appearance for Defendant Miller by Deborah Ann Lang (Lang, Deborah) (Entered: 08/06/2013) | |||
| 2013-08-09 | 12 | 0 | WAIVER OF SERVICE returned executed by Jolly Jay Mitchell. Miller waiver sent on 7/12/2013, answer due 9/10/2013. (ph, ) (Entered: 08/12/2013) | |||
| 2013-09-04 | 13 | 0 | ANSWER to Complaint by Miller (Attachments: # 1 Notice of Filing)(Hatzis, Lindsay) (Entered: 09/04/2013) | |||
| 2013-09-04 | 14 | 0 | MOTION by Defendant Miller to take deposition of Jolly Mitchell (Attachments: # 1 Notice of Filing)(Hatzis, Lindsay) (Entered: 09/04/2013) | |||
| 2013-09-04 | 15 | 0 | MOTION by Defendant Miller for protective order (Hatzis, Lindsay) (Entered: 09/04/2013) | |||
| 2013-09-04 | 16 | 0 | NOTICE of Motion by Lindsay Ann Hatzis for presentment of motion for protective order 15 before Honorable Joan B. Gottschall on 9/18/2013 at 09:30 AM. (Hatzis, Lindsay) (Entered: 09/04/2013) | |||
| 2013-09-04 | 17 | 0 | NOTICE of Motion by Lindsay Ann Hatzis for presentment of motion to take deposition 14 before Honorable Joan B. Gottschall on 9/18/2013 at 09:30 AM. (Hatzis, Lindsay) (Entered: 09/04/2013) | |||
| 2013-09-17 | 18 | 0 | ORDER Defendant's motion for leave to take Plaintiff's deposition 14 is granted. Defendant's motion for HIPAA Order 15 is granted. Enter HIPAA Order. Status hearing set for 11/12/2013 at 9:30 AM. Signed by the Honorable Joan B. Gottschall on 9/17/2013. Mailed notice (ph, ) (Entered: 09/20/2013) | |||
| 2013-09-17 | 19 | 0 | HIPAA ORDER Signed by the Honorable Joan B. Gottschall on 9/17/2013. (Exhibits) (ph, ) (Entered: 09/20/2013) | |||
| 2013-10-18 | 20 | 0 | MINUTE entry before Honorable Joan B. Gottschall: Status hearing set for 11/12/2013 is stricken and reset to 11/19/2013 at 09:30 AM due to scheduling conflict of the Court. Mailed notice (rj, ) (Entered: 10/18/2013) | |||
| 2013-11-08 | 21 | 0 | MINUTE entry before Honorable Joan B. Gottschall: On the court's own motion, status hearing set for 11/19/2013 at 9:30 a.m. is stricken and reset to 11/22/2013 at 9:30 a.m. Mailed notice (meg, ) (Entered: 11/08/2013) | |||
| 2013-11-20 | 22 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Defendants' shall make arrangements for plaintiff Jolly Jay Mitchell to appear by telephone for status hearing set for 11/22/2013 at 9:30 a.m. Mailed notice (meg, ) (Entered: 11/20/2013) | |||
| 2013-11-22 | 23 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held and continued to 1/17/2014 at 9:30 a.m. The Clerk is directed to mail plaintiff motion for attorney representation. Plaintiff shall file motion for attorney representation in a timely manner. Mailed notice (meg, ) (Entered: 11/22/2013) | |||
| 2014-01-10 | 24 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Defense counsel is directed to make the appropriate arrangements for the plaintiff Jolly Jay Mitchell to appear by telephone for status hearing set for 1/17/2014 at 9:30 a.m. Mailed notice (ef, ) (Entered: 01/10/2014) | |||
| 2014-01-17 | 25 | 0 | ORDER: Status hearing held. Plaintiff appeared telephonically. The Clerk is directed to mail plaintiff a motion for attorney representation form and a copy of the docket sheet. Plaintiff shall file motion for attorney representation in a timely manner. Defense counsel is directed to make the appropriate arrangements for the plaintiff Jolly Jay Mitchell to appear by telephone for status hearing set for 2/28/2014 at 09:30 AM. Signed by the Honorable Joan B. Gottschall on 1/17/2014: Docketing mailed [including motion for attorney representation form and a copy of the docket sheet plaintiff]. (jmp, ) (Entered: 01/17/2014) | |||
| 2014-02-07 | 26 | 0 | MOTION by Plaintiff Jolly Jay Mitchell for attorney representation. (vcf, ) (Entered: 02/13/2014) | |||
| 2014-02-18 | 27 | 0 | ORDER: Plaintiff has submitted a motion for attorney representation [#26]. The motion is granted. Peter A. Cantwell, Cantwell & Cantwell, 30 North LaSalle Street, Suite 2850, Chicago, IL 60602, is appointed to assist Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.). After investigation, counsel should notify the Court within sixty days if he wishes to proceed with the complaint on file or he intends to file an amended complaint. If counsel is unable to file an amended complaint, he should so inform the Court. Status hearing set for 2/28/2014 is stricken and reset for 4/18/2014 at 9:30 a.m. Signed by the Honorable Joan B. Gottschall on 2/18/2014. Mailed notice(ef, ) Modified on 2/19/2014 (ef, ). (Entered: 02/19/2014) | |||
| 2014-04-01 | 28 | 0 | ATTORNEY Appearance for Plaintiff Jolly Jay Mitchell by Peter A. Cantwell (Cantwell, Peter) (Entered: 04/01/2014) | |||
| 2014-04-01 | 29 | 0 | ATTORNEY Appearance for Plaintiff Jolly Jay Mitchell by Thomas John Nitschke (Nitschke, Thomas) (Entered: 04/01/2014) | |||
| 2014-04-01 | 30 | 0 | ATTORNEY Appearance for Plaintiff Jolly Jay Mitchell by John William Kalich (Kalich, John) (Entered: 04/01/2014) | |||
| 2014-04-18 | 31 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held and continued to 6/20/2014 at 9:30 AM. Mailed notice (ef, ) (Entered: 04/18/2014) | |||
| 2014-06-20 | 32 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held and continued to 10/10/2014 at 9:30 AM. Mailed notice (ef, ) (Entered: 06/20/2014) | |||
| 2014-09-23 | 33 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: On the court's own motion, Status hearing set for 10/10/2014 is stricken and reset for 10/9/2014 at 09:30 AM 1858. Mailed notice (ef, ) (Entered: 09/23/2014) | |||
| 2014-10-09 | 34 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held and continued to 1/9/2015 at 9:30 AM. Mailed notice (ef, ) (Entered: 10/09/2014) | |||
| 2015-01-08 | 35 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: By request and agreement of the parties, Status hearing set for 1/9/2015 is reset for 3/13/2015 at 09:30 AM. Mailed notice (ef, ) (Entered: 01/08/2015) | |||
| 2015-03-12 | 36 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: By request and agreement of the parties, Status hearing set for 3/13/15 is stricken and reset to 5/1/2015 at 09:30 AM. Mailed notice (mjc, ) (Entered: 03/12/2015) | |||
| 2015-05-01 | 37 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Plaintiff's counsel reports that plaintiff was released from custody. Plaintiff's unopposed oral motion to file an amended complaint is granted. Plaintiff's amended complaint shall be filed by 5/8/15. Defendant shall answer or otherwise plead by 5/29/15. Status hearing set for 7/31/15 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 05/01/2015) | |||
| 2015-05-07 | 38 | 0 | First AMENDED complaint by Jolly Jay Mitchell against All Defendants (Cantwell, Peter) (Entered: 05/07/2015) | |||
| 2015-05-07 | 39 | 0 | NOTICE by Jolly Jay Mitchell re amended complaint 38 (Cantwell, Peter) (Entered: 05/07/2015) | |||
| 2015-05-29 | 40 | 0 | ANSWER to amended complaint by Phillip Miller (Attachments: # 1 Notice of Filing)(Hatzis, Lindsay) (Entered: 05/29/2015) | |||
| 2015-06-25 | 41 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing set for 7/31/15 is stricken and reset to 8/7/2015 at 9:30 a.m.Mailed notice (mjc, ) (Entered: 06/25/2015) | |||
| 2015-08-07 | 42 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Discovery is ongoing. Status hearing set for 10/7/15 at 9:30 a.m.Mailed notice (mjc, ) (Entered: 08/07/2015) | |||
| 2015-10-07 | 43 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Discovery is ongoing. The HIPAA order and protective order presented in court are entered. The prior HIPAA order is superseded and thus is vacated. Status hearing set for 1/20/16 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 10/07/2015) | |||
| 2015-10-07 | 44 | 0 | AGREED Qualified HIPAA Protective Order Signed by the Honorable Joan B. Gottschall on 10/7/2015. Mailed notice(mjc, ) (Entered: 10/07/2015) | |||
| 2015-10-07 | 45 | 0 | AGREED Confidentiality Protective Order Signed by the Honorable Joan B. Gottschall on 10/7/2015. Mailed notice(mjc, ) (Entered: 10/07/2015) | |||
| 2016-01-19 | 46 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 1/20/16 at 9:30 a.m. shall stand. Mailed notice (mjc, ) (Entered: 01/19/2016) | |||
| 2016-01-20 | 47 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Only defendant appeared. Defense counsel informed the court that she still has not received the medical records and that a protective order has been entered. Plaintiff's attorney is directed to produce all medical records in his possession by 2/17/16. The court encourages the parties to confer with each other regarding the records. The defendant's oral motion for permission to depose the plaintiff at an appropriate time is granted. Status hearing set for 4/20/16 at 9:30 a.m. Plaintiff's attorney appeared after the court call. Mailed notice (mjc, ) (Entered: 01/20/2016) | |||
| 2016-04-20 | 48 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Recruited counsel advised the court that he needs to locate an orthopedic doctor who can evaluate the plaintiff. The plaintiff's deposition is currently scheduled for 6/30/16. Status hearing set for 7/20/16 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 04/20/2016) | |||
| 2016-07-12 | 49 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 7/20/16 at 9:30 a.m. is reset to 7/20/16 at 11:00 a.m. (TIME CHANGE ONLY). Mailed notice (mjc, ) (Entered: 07/12/2016) | |||
| 2016-07-20 | 50 | 0 | MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Plaintiff's recruited counsel informed the court that the plaintiff has not been available for a medical evaluation due to his custody situation. Counsel will wait until the plaintiff's medical evaluation is done before he is deposed. Status hearing set for 11/2/16 at 11:00 a.m. Mailed notice (mjc, ) (Entered: 07/20/2016) |